New South Wales Aboriginal Land Council v The Minister Administering the Crown Lands Act (Moira Park Road No 1 and Moira Park Road No 2 claims) [2015] NSWLEC 179

Land and Environment Court New South Wales

Medium Neutral Citation: New South Wales Aboriginal Land Council v The Minister Administering the Crown Lands Act (Moira Park Road No 1 and Moira Park Road No 2 claims) [2015] NSWLEC 179 Hearing dates: 12-15 and 19 October 2015; written submissions 26 October 2015 Date of orders: 20 November 2015 Decision date: 20 November 2015 Jurisdiction: Class 3 Before: Moore AJ Decision: See orders at [184] Catchwords: ABORIGINAL LAND RIGHTS - claim to Crown lands – were the current claims precluded because an earlier claim was rejected by opinion of a Minister that, inter alia, the land in one of the present claims was needed or likely to be needed as residential lands

ABORIGINAL LAND RIGHTS - claim to Crown lands – were the claims precluded because the land was needed or likely to be needed for an essential public purpose – meaning of "essential public purpose" – although residential development capable of being a public purpose, it was not an "essential" one Legislation Cited: Aboriginal Land Rights Act 1983 s 3, s 36 Aboriginal Land Rights (Amendment) Bill 1986 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 s 37(4) Lake Macquarie Local Environment Plan 2004 s 15 Cases Cited: Chamwell Pty Limited v Strathfield Council [2007] NSWLEC 114; 151 LGERA 400 Darkinjung Local Aboriginal Land Council v Minister Administering the Crown Lands Act and Anor [2006] NSWLEC 180; 149 LGERA 162 Jerrinja Local Aboriginal Land Council v Minister Administering the Crown Lands Act [2007] NSWLEC 577; 156 LGERA 65 La Perouse Local Aboriginal Land Council v Minister Administering the Crown Lands Act [1991] NSWLEC 118 Minister Administering the Crown Lands Act v Bathurst Local Aboriginal Land Council [2009] NSWCA 138; 166 LGERA 379 New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act (the Nelson Bay Claim) [2014] NSWCA 377 Category: Principal judgment Parties: New South Wales Aboriginal Land Council (Applicant) The Minister Administering the Crown Lands Act (Respondent) Representation: Counsel: Ms Sarah Pritchard SC and Dr Brendan Lim (Applicant) Mr Angus Stewart SC and Ms Georgina Wright (Respondent)